Sin Tiong Wah International Pte Ltd v Pee Wee Liang: Security for Costs & Ordinary Residence
Sin Tiong Wah International Pte Ltd appealed a decision to set aside an order for Pee Wee Liang to pay security for costs. The High Court dismissed the appeal, finding that Pee Wee Liang was ordinarily resident in Singapore and therefore the order for security for costs was not justified under Order 23 r 1(1)(a) of the Rules of Court. The case involved a claim for damages in tort by Pee Wee Liang against Sin Tiong Wah International Pte Ltd.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Appeal dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding security for costs. The court found the plaintiff was ordinarily resident in Singapore, dismissing the appeal to restore the security order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sin Tiong Wah International Pte Ltd | Appellant, Defendant | Corporation | Appeal dismissed | Lost | |
| Pee Wee Liang | Respondent, Plaintiff | Individual | Appeal allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ong Lian-Yi Gregory | David Ong & Co. |
| Han Hean Juan | Hoh Law Corporation |
4. Facts
- The plaintiff, a Malaysian, worked for the defendant in Singapore from October 2014 to April 2018.
- The plaintiff sustained a back injury in November 2017 while working for the defendant.
- The plaintiff is suing the defendant for damages in tort.
- The defendant applied for security for costs based on the plaintiff being ordinarily resident outside the jurisdiction.
- The plaintiff is currently employed by Castor & Wheel Singapore Pte Ltd.
- The plaintiff has been residing in Singapore for almost six years.
- The plaintiff has a wife working in Singapore and visits his daughter in Malaysia monthly.
5. Formal Citations
- Sin Tiong Wah International Pte Ltd v Pee Wee Liang, HC/Registrar’s Appeal from the State Courts No. 4 of 2019, [2019] SGHC 124
6. Timeline
| Date | Event |
|---|---|
| Plaintiff began working for the defendant. | |
| Plaintiff injured himself moving a drum. | |
| Plaintiff ceased working for the defendant. | |
| Deputy registrar in the State Courts allowed the application and ordered the sum of $10,000 to be paid by way of security. | |
| Plaintiff appealed. | |
| District judge allowed the appeal and set aside the order for security for costs. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Security for Costs
- Outcome: The court held that the plaintiff was ordinarily resident in Singapore and therefore the defendant's application for security for costs was not justified.
- Category: Procedural
- Related Cases:
- [2011] 3 SLR 580
- Ordinary Residence
- Outcome: The court determined that the plaintiff was ordinarily resident in Singapore.
- Category: Jurisdictional
- Related Cases:
- [2011] 3 SLR 580
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tjong Very Sumito and others v Chan Sing En and others | High Court | Yes | [2011] 3 SLR 580 | Singapore | Cited for the definition of 'ordinarily resident' as residence in a place with some 'degree of continuity'. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, 2014 Rev Ed) | Singapore |
| Work Injury Compensation Act (Cap 354, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Security for costs
- Ordinarily resident
- Rules of Court
- Tort
- Jurisdiction
15.2 Keywords
- Security for costs
- Ordinary residence
- Singapore High Court
- Civil procedure
- Personal injury
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 90 |
| Civil Practice | 75 |
| Civil Procedure | 75 |
| Personal Injury | 60 |
| Workers Compensation | 50 |
16. Subjects
- Civil Procedure
- Costs
- Jurisdiction